People have trouble getting urgent decisions from the CTTT when their ceilings are caving in – some mis-applied paint isn’t going to cut it with those guys.
I reckon your solicitor is right. Reserve your rights, settle (and take the developers’ money if it’s still on offer), fix the ceiling and move in.
If you are hung up on the principle of this – who’s right and who’s wrong and who should be doing what – I’d wager this ceiling business will be just the start of a short and unhappy journey in strata.
I hate to be blunt but what do you really want – the ceiling unpainted or to win the fight?
Frankly, I would rather get professionals in to do the job rather than the bozos who screwed up in the first place.
Extensive before and after photography will counter any claims that you have damaged common property.
Taking this to the CTTT is about as reliable as taking the money that was offered and putting it on red or black at the casino – except in the CTTT you don’t get a pay-out. The CTTT will not award damages – they will only instruct the losing party to remedy the fault. The average time to run a case – if the other party appeals – which they will – is about three months.
Pragamatism trumps principle in strata, every time, and I speak as someone who has learned the hard way.Take your lawyer’s advice – that’s what you pay them for – and certainly DON’T count on the CTTT to come to your rescue.
I’m not even sure if I would take this to the CTTT’s strata adjudicators after you have fixed the ceiling. It sounds like a breach of contract to me and I’d be asking if it wouldn’t be better to run the case in the small claims court.